Political Rights in Palestine (MYTHS AND FACTS) February 27, 2012 | Eli E. Hertz)
Source: http://www.mythsandfacts.com/
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"Neither customary international law nor the United Nations Charter
acknowledges that every group of people [Palestinian Arabs included]
claiming to be a nation has the right to a state of its own." [1]
The Mandate for Palestine, a legally binding document under
international law, clearly differentiates between political rights -
referring to Jewish self-determination as an emerging polity - and
civil and religious rights, referring to guarantees of equal personal
freedoms to non-Jewish residents as individuals and within select
communities. Not once are Arabs as a people mentioned in the Mandate
for Palestine. At no point in the entire document is there any
granting of political rights to non-Jewish entities (i.e., Arabs).
Article 2 of the Mandate for Palestine explicitly states that the
Mandatory should:
"Be responsible for placing the country under such political,
administrative and economic conditions as will secure the
establishment of the Jewish national home, as laid down in the
preamble, and the development of self-governing institutions, and
also for safeguarding the civil and religious rights of all the
inhabitants of Palestine, irrespective of race and religion."
Political rights to self-determination as a polity for Arabs were
guaranteed by the League of Nations in four other mandates - in
Lebanon and Syria [The French Mandate], Iraq and later Trans-Jordan
[The British Mandate]. Political rights in Palestine were granted to
Jews only.
International law expert Professor Eugene V. Rostow, examining the
claim for Arab Palestinian self-determination on the basis of law,
concluded:
"The mandate implicitly denies Arab claims to national political
rights in the area in favor of the Jews; the mandated territory was
in effect reserved to the Jewish people for their self-determination
and political development, in acknowledgment of the historic
connection of the Jewish people to the land. Lord Curzon, who was
then the British Foreign Minister, made this reading of the mandate
explicit. There remains simply the theory that the Arab inhabitants
of the West Bank and the Gaza Strip have an inherent ´natural law´
claim to the area."
[1] See Eugene V. Rostow, The Future of Palestine, Institute for
National Strategic Studies, November 1993. Professor Rostow was
Sterling Professor of Law and Public Affairs Emeritus at Yale
University and served as the Dean of Yale Law School (1955-66);
Distinguished Research Professor of Law and Diplomacy, National
Defense University; Adjunct Fellow, American Enterprise Institute. In
1967, as U.S. Under-Secretary of State for Political Affairs, he
became a key draftee of UN Resolution 242. See also his article: "Are
Israel´s Settlements Legal?" The New Republic, October 21, 1991.
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